PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA

TITLE 40 - US CODE - CHAPTER 81 - ADMINISTRATIVE

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 8101 - Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law

(a) In General.— 
Under regulations the President prescribes, the Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, except those buildings and grounds which otherwise are provided for by law.
(b) Notice of Unlawful Occupancy.— 
If the Administrator, or the officer under the direction of the Administrator who is in immediate charge of those public buildings and grounds, decides that an individual is unlawfully occupying any part of that public land, the Administrator or officer in charge shall notify the United States marshal for the District of Columbia in writing of the unlawful occupation.
(c) Ejection of Trespasser.— 
The marshal shall have the trespasser ejected from the public land and shall restore possession of the land to the officer charged by law with the custody of the land.

40 USC 8102 - Protection of Federal Government buildings in District of Columbia

The Attorney General and the Secretary of the Treasury may prohibit
(1) a vehicle from parking or standing on a street or roadway adjacent to a building in the District of Columbia
(A) at least partly owned or possessed by, or leased to, the Federal Government; and
(B) used by law enforcement authorities subject to their jurisdiction; and
(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).

40 USC 8103 - Application of District of Columbia laws to public buildings and grounds

(a) Application of Laws.— 
Laws and regulations of the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Columbia.
(b) Penalties.— 
A person shall be fined under title 18, imprisoned for not more than six months, or both if the person
(1) is guilty of disorderly and unlawful conduct in or about those public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure;
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or
(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.

40 USC 8104 - Regulation of private and semipublic buildings adjacent to public buildings and grounds

(a) Factors for Development.— 
In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance.
(b) Submission of Application to Commission of Fine Arts.— 
The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.
(c) Report to Mayor.— 
The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.
(d) Action by the Mayor.— 
The Mayor shall take action the Mayor decides is necessary to effect reasonable compliance with the recommendation under subsection (c).

40 USC 8105 - Approval by Administrator of General Services

Subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services is required to approve sketches, plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal Service must approve buildings designed for post office purposes.

40 USC 8106 - Buildings on reservations, parks, or public grounds

A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.

40 USC 8107 - Advertisements and sales in or around Washington Monument

Except on the written authority of the Director of the National Park Service, advertisements of any kind shall not be displayed, and articles of any kind shall not be sold, in or around the Washington Monument.

40 USC 8108 - Use of public buildings for public ceremonies

Except as expressly authorized by law, public buildings in the District of Columbia (other than the Capitol Building and the White House), and the approaches to those public buildings, shall not be used or occupied in connection with ceremonies for the inauguration of the President or other public functions.

TITLE 40 - US CODE - SUBCHAPTER II - JURISDICTION

40 USC 8121 - Improper appropriation of streets

(a) Authority.— 
The Secretary of the Interior shall
(1) prevent the improper appropriation or occupation of any public street, avenue, square, or reservation in the District of Columbia that belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if unlawfully appropriated;
(3) prevent the erection of any permanent building on property reserved to or for the use of the Government, unless plainly authorized by law; and
(4) report to Congress at the beginning of each session on the Secretarys proceedings in the premises, together with a full statement of all property described in this subsection, and how, and by what authority, the property is occupied or claimed.
(b) Application.— 
This section does not interfere with the temporary and proper occupation of any part of the property described in subsection (a), by lawful authority, for the legitimate purposes of the Government.

40 USC 8122 - Jurisdiction over portion of Constitution Avenue

The Director of the National Park Service has jurisdiction over that part of Constitution Avenue west of Virginia Avenue that was under the control of the Commissioners of the District of Columbia prior to May 27, 1908.

40 USC 8123 - Record of transfer of jurisdiction between Director of National Park Service and Mayor of District of Columbia

When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred between the jurisdiction of the Director of the National Park Service, as established by the Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters of transfer and acceptance exchanged between them are sufficient authority for the necessary change in the official maps and for record when necessary.

40 USC 8124 - Transfer of jurisdiction between Federal and District of Columbia authorities

(a) Transfer of Jurisdiction.— 
Federal and District of Columbia authorities administering properties in the District that are owned by the Federal Government or by the District may transfer jurisdiction over any part of the property among or between themselves for purposes of administration and maintenance under conditions the parties agree on. The National Capital Planning Commission shall recommend the transfer before it is completed.
(b) Report to Congress.— 
The District authorities shall report all transfers and agreements to Congress.
(c) Certain Laws Not Repealed.— 
Subsection (a) does not repeal any law in effect on May 20, 1932, which authorized the transfer of jurisdiction of certain land among and between federal and District authorities.

40 USC 8125 - Public spaces resulting from filling of canals

The Director of the National Park Service has jurisdiction over all public spaces resulting from the filling of canals in the original city of Washington that were not under the jurisdiction of the Chief of Engineers of the United States Army as of August 1, 1914, except spaces included in the navy yard or in actual use as roadways and sidewalks and spaces assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station. The spaces shall be laid out as reservations as a part of the park system of the District of Columbia.

40 USC 8126 - Temporary occupancy of Potomac Park by Secretary of Agriculture

(a) Not More Than 75 Acres.— 
The Director of the National Park Service may allow the Secretary of Agriculture to temporarily occupy as a testing ground not more than 75 acres of Potomac Park not needed in any one season for reclamation or park improvement. The Secretary shall vacate the area at the close of any season on the request of the Director.
(b) Continue as Public Park Under Director.— 
This section does not change the essential character of the land used, which shall continue to be a public park under the charge of the Director.

40 USC 8127 - Part of Washington Aqueduct for playground purposes

(a) Jurisdiction of Mayor.— 
The Mayor of the District of Columbia has possession, control, and jurisdiction of the land of the Washington Aqueduct adjacent to the Champlain Avenue pumping station and lying outside of the fence around the pumping station as it
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground purposes.
(b) Jurisdiction of Secretary of the Army Not Affected.— 
This section does not affect the superintendence and control of the Secretary of the Army over the Washington Aqueduct and the rights, appurtenances, and fixtures connected with the Aqueduct.

TITLE 40 - US CODE - SUBCHAPTER III - SERVICES FOR FACILITIES

40 USC 8141 - Contract to rent buildings in the District of Columbia not to be made until appropriation enacted

A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.

40 USC 8142 - Rent of other buildings

An executive department of the Federal Government renting a building for public use in the District of Columbia may rent a different building instead if it is in the public interest to do so. This section does not authorize an increase in the number of buildings in use or in the amount paid for rent.

40 USC 8143 - Heat

(a) Corcoran Gallery of Art.— 
The Administrator of General Services may furnish heat from the central heating plant to the Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees to
(1) pay for heat furnished at rates the Administrator determines; and
(2) connect the building with the Federal Government mains in a manner satisfactory to the Administrator.
(b) Board of Governors of the Federal Reserve System.— 
The Administrator may furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which the Board acquired in squares east of 87 and east of 88 in the District of Columbia if the Board agrees to
(1) pay for the steam furnished at reasonable rates the Administrator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator.
(c) Non-Federal Public Buildings.— 
The Administrator shall determine the rates to be paid for steam furnished to the Corcoran Gallery of Art, the Pan American Union Buildings, the American Red Cross Buildings, and other non-federal public buildings authorized to receive steam from the central heating plant.

40 USC 8144 - Delivery of fuel for use during ensuing fiscal year

During April, May, and June of each year, the Administrator of General Services may deliver to all branches of the Federal Government and the government of the District of Columbia as much fuel for their use during the following fiscal year as may be practicable to store at the points of consumption. The branches of the Federal Government and the government of the District of Columbia shall pay for the fuel from their applicable appropriations for that fiscal year.

TITLE 40 - US CODE - SUBCHAPTER IV - MISCELLANEOUS

40 USC 8161 - Reservation of parking spaces for Members of Congress

The Council of the District of Columbia shall designate, reserve, and properly mark appropriate and sufficient parking spaces on the streets adjacent to all public buildings in the District for the use of Members of Congress engaged in public business.

40 USC 8162 - Ailanthus trees prohibited

Ailanthus trees shall not be purchased for, or planted in, the public grounds.

40 USC 8163 - Use of greenhouses and nursery for trees, shrubs, and plants

The greenhouses and nursery shall be used only for the propagation of trees, shrubs, and plants suitable for planting in the public reservations. Only those trees, shrubs, and plants shall be planted in the public reservations.

40 USC 8164 - E. Barrett Prettyman United States Courthouse

(a) Operation, Maintenance, and Repair.— 
The operation, maintenance, and repair of the E. Barrett Prettyman United States Courthouse, used by the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia, is under the control of the Administrator of General Services.
(b) Allocation of Space.— 
The allocation of space in the Courthouse is vested in the chief judge of the United States Court of Appeals for the District of Columbia and the chief judge of the United States District Court for the District of Columbia.

40 USC 8165 - Services for Office of Personnel Management

For carrying out the work of the Director of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, the Administrator of General Services shall
(1) assign or provide suitable and convenient rooms and accommodations, which are furnished, heated, and lighted, in Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.

TITLE 40 - US CODE - CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

40 USC 8301 - Definition

In this chapter, the term Washington metropolitan region includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia.

40 USC 8302 - Necessity for coordination in the development of the Washington metropolitan region

Because the District of Columbia is the seat of the Federal Government and has become the urban center of a rapidly expanding Washington metropolitan region, the necessity for the continued and effective performance of the functions of the Government in the District of Columbia, the general welfare of the District of Columbia, the health and living standards of the people residing or working in the District of Columbia, and the conduct of industry, trade, and commerce in the District of Columbia require that to the fullest extent possible the development of the District of Columbia and the management of its public affairs, and the activities of the departments, agencies, and instrumentalities of the Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region, shall be coordinated with the development of those other areas and with the management of their public affairs so that, with the cooperation and assistance of those other areas, all of the areas in the Washington metropolitan area shall be developed and their public affairs shall be managed so as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

40 USC 8303 - Declaration of policy of coordinated development and management

The policy to be followed for the attainment of the objective established by section 8302 of this title, and for the more effective exercise by Congress, the executive branch of the Federal Government, the Mayor of the District of Columbia, and all other officers, agencies, and instrumentalities of the District of Columbia of their respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that the functions, powers, and duties shall be exercised and carried out in a manner that (with proper recognition of the sovereignty of Maryland and Virginia in respect of those areas of the Washington metropolitan region that are located within their respective jurisdictions) will best facilitate the attainment of the coordinated development of the areas of the Washington metropolitan area and the coordinated management of their public affairs so as to contribute effectively to the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

40 USC 8304 - Priority projects

In carrying out the policy pursuant to section 8303 of this title for the attainment of the objective established by section 8302 of this title, priority should be given to the solution, on a unified metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation.

TITLE 40 - US CODE - CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

40 USC 8501 - National Capital Service Area

(a) Establishment.— 

(1) Boundaries.— 
The National Capital Service Area is in the District of Columbia and includes the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described as the area bounded as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the northern side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.
(2) Streets and sidewalks included.— 
Where the area in paragraph (1) is bounded by a street, the street, and any sidewalk of the street, are included in the area.
(3) Federal property that affronted or abutted the area deemed to be in the area.— 
Federal real property that on December 24, 1973, affronted or abutted the area described in paragraph (1) is deemed to be in the area. For the purposes of this paragraph, federal real property affronting or abutting the area described in paragraph (1)
(A) is deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and
(B) does not include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, any part of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any part of the Rock Creek Park.
(b) Applicability of Other Provisions.— 

(1) Provisions covering buildings and grounds in area not affected.— 
Except to the extent specifically provided by this section, this section does not
(A) apply to the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any other buildings and grounds under the care of the Architect of the Capitol, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede
(i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any other general law of the United States, any law enacted by Congress and applicable exclusively to the District of Columbia, or any rule or regulation prescribed pursuant to any of those provisions, that was in effect on January 1, 1975, and that pertained to those buildings and grounds; or
(ii) any authority which existed on December 24, 1973, with respect to those buildings and grounds and was vested on January 1, 1975, in the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, the Architect of the Capitol or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court, or the Librarian of Congress.
(2) Continued application of laws, regulations, and rules.— 
Except to the extent otherwise specifically provided in this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules prescribed pursuant to any of those laws, that were in effect on January 1, 1975, and which applied to and in the areas included in the National Capital Service Area pursuant to this section continue to be applicable to and in the National Capital Service Area in the same manner and to the same extent as if this section had not been enacted and remain applicable until repealed, amended, altered, modified, or superseded.
(c) Availability of Services and Facilities.— 
As far as practicable, any service or facility authorized by the District of Columbia Home Rule Act (Public Law 93198, 87 Stat. 774) to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall be made available to the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, the Architect of the Capitol, any other officer of the legislative branch who on January 1, 1975, was vested with authority over those buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court, and the Librarian of Congress on their request. If payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, the recipient, on presentation of proper vouchers and as agreed on by the parties, shall pay for the service or facility in advance or by reimbursement.
(d) Right To Participate in Election Not Affected by Residency.— 
An individual may not be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because the individual resides in the National Capital Service Area.

40 USC 8502 - National Capital Service Director

(a) Establishment and Compensation.— 
There is in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The Director shall receive compensation at the maximum rate established for level IV of the Executive Schedule under section 5315 of title 5.
(b) Personnel.— 
The Director may appoint and fix the rate of compensation of necessary personnel, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5.
(c) Duties.— 

(1) President.— 
The President, through the Director and using District of Columbia governmental services to the extent practicable, shall ensure that there is provided in the area described in section 8501 (a) of this title adequate fire protection and sanitation services.
(2) Director.— 
Except with respect to that part of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director shall ensure that there is provided in the remainder of the area described in section 8501 (a) of this title adequate police protection and maintenance of streets and highways.

TITLE 40 - US CODE - CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 8701 - Findings and purposes

(a) Findings.— 
Congress finds that
(1) the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland and Virginia;
(2) effective comprehensive planning is necessary on a regional basis and of continuing importance to the federal establishment;
(3) the distribution of federal installations throughout the region has been and will continue to be a major influence in determining the extent and character of development;
(4) there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District of Columbia Governments so that those activities may conform with general objectives;
(5) there is an increasing mutuality of interest and responsibility between the various levels of government that calls for coordinate and unified policies in planning both federal and local development in the interest of order and economy;
(6) there are developmental problems of an interstate character, the planning of which requires collaboration between federal, state, and local governments in the interest of equity and constructive action; and
(7) the instrumentalities and procedures provided in this chapter will aid in providing Congress with information and advice requisite to legislation.
(b) Purposes.— 

(1) In general.— 
The purposes of this chapter (except sections 8733–8736) are
(A) to secure comprehensive planning for the physical development of the National Capital and its environs;
(B) to provide for the participation of the appropriate planning agencies of the environs in the planning; and
(C) to establish the agency and procedures requisite to the administration of the functions of the Federal and District Governments related to the planning.
(2) Objective.— 
The general objective of this chapter (except sections 8733–8736) is to enable appropriate agencies to plan for the development of the federal establishment at the seat of government in a manner
(A) consistent with the nature and function of the National Capital and with due regard for the rights and prerogatives of the adjoining States and local governments to exercise control appropriate to their functions; and
(B) which will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development.

40 USC 8702 - Definitions

In this chapter
(1) Environs.— 
The term environs means the territory surrounding the District of Columbia included in the National Capital region.
(2) National capital.— 
The term National Capital means the District of Columbia and territory the Federal Government owns in the environs.
(3) National capital region.— 
The term National Capital region means
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and
(D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C).
(4) Planning agency.— 
The term planning agency means any city, county, bi-county, part-county, or regional planning agency authorized under state and local laws to make and adopt comprehensive plans.

TITLE 40 - US CODE - SUBCHAPTER II - PLANNING AGENCIES

40 USC 8711 - National Capital Planning Commission

(a) Establishment and Purpose.— 
The National Capital Planning Commission is the central federal planning agency for the Federal Government in the National Capital, created to preserve the important historical and natural features of the National Capital, except for the United States Capitol Buildings and Grounds (as defined and described in sections 5101 and 5102 of this title), any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b) Composition.— 

(1) Membership.— 
The National Capital Planning Commission is composed of
(A) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of General Services, the Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, the chairman of the Committee on Governmental Affairs of the Senate, and the chairman of the Committee on Government Reform of the House of Representatives, or an alternate any of those individuals designates; and
(B) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Mayor.
(2) Residency requirement.— 
The citizen members appointed by the Mayor shall be residents of the District of Columbia. Of the three appointed by the President, at least one shall be a resident of Virginia and at least one shall be a resident of Maryland.
(3) Terms.— 
An individual appointed by the President serves for six years. An individual appointed by the Mayor serves for four years. An individual appointed to fill a vacancy shall be appointed only for the unexpired term of the individual being replaced.
(4) Pay and expenses.— 
Citizen members are entitled to $100 a day when performing duties vested in the Commission and to reimbursement for necessary expenses incurred in performing those duties.
(c) Chairman and Officers.— 
The President shall designate the Chairman of the National Capital Planning Commission. The Commission may elect from among its members other officers as it considers desirable.
(d) Personnel.— 
The National Capital Planning Commission may employ a Director, an executive officer, and other technical and administrative personnel as it considers necessary. Without regard to section 3709 of the Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and subchapter III of chapter 53, of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not more than one year) services of city planners, architects, engineers, appraisers, and other experts or organizations of experts, as may be necessary to carry out its functions. The Commission shall fix the rate of compensation so as not to exceed the rate usual for similar services.
(e) Principal Duties.— 
The principal duties of the National Capital Planning Commission include
(1) preparing, adopting, and amending a comprehensive plan for the federal activities in the National Capital and making related recommendations to the appropriate developmental agencies; and
(2) serving as the central planning agency for the Government within the National Capital region and reviewing the development programs of the developmental agencies to advise as to consistency with the comprehensive plan.
(f) Transfer of Other Functions, Powers, and Duties.— 
The National Capital Planning Commission shall carry out all other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 463).
(g) Estimate.— 
The National Capital Planning Commission shall submit to the Office of Management and Budget before December 16 of each year its estimate of the total amount to be appropriated for expenditure under this chapter (except sections 8732–8736) during the next fiscal year.
(h) Fees.— 
The National Capital Planning Commission may charge fees to cover the full cost of Geographic Information System products and services the Commission supplies. The fees shall be credited to the applicable appropriation account as an offsetting collection and remain available until expended.

40 USC 8712 - Mayor of the District of Columbia

(a) Planning Responsibilities.— 
The Mayor of the District of Columbia is the central planning agency for the government of the District of Columbia in the National Capital and is responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayors planning responsibility shall not extend to
(1) federal or international projects and developments in the District, as determined by the National Capital Planning Commission; or
(2) the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b) Participation and Consultation.— 
In carrying out the responsibilities under this section and section 8721 of this title, the Mayor shall establish procedures for citizen participation in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan, including amendments, affecting or relating to the District.

TITLE 40 - US CODE - SUBCHAPTER III - PLANNING PROCESS

40 USC 8721 - Comprehensive plan for the National Capital

(a) Preparation and Adoption by Commission.— 
The National Capital Planning Commission shall prepare and adopt a comprehensive, consistent, and coordinated plan for the National Capital. The plan shall include the Commissions recommendations or proposals for federal developments or projects in the environs and District elements of the comprehensive plan, or amendments to the elements, adopted by the Council of the District of Columbia and with respect to which the Commission has not determined a negative impact exists. Those elements or amendments shall be incorporated into the comprehensive plan without change. The Commission may include in its plan any part of a plan adopted by any planning agency in the environs and may make recommendations of collateral interest to the agencies. The Commission may adopt any part of an element. The Commission shall review and may amend or extend the plan so that its recommendations may be kept up to date.
(b) Review by District of Columbia.— 
The Mayor of the District of Columbia shall submit each District element of the comprehensive plan, and any amendment, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each element or amendment to the Commission for review and comment with regard to the impact of the element or amendment on the interests or functions of the federal establishment in the National Capital.
(c) Commission Response to Council Action.— 

(1) Period of review.— 
Within 60 days after receiving an element or amendment from the Council, the Commission shall certify to the Council whether the element or amendment has a negative impact on the interests or functions of the federal establishment in the National Capital.
(2) No negative impact.— 
If the Commission takes no action in the 60-day period, the element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan for the National Capital and implemented.
(3) Negative impact.— 

(A) Certification to council.— 
If the Commission finds a negative impact, it shall certify its findings and recommendations to the Council.
(B) Response of council.— 
On receipt of the Commissions findings and recommendations, the Council may
(i) accept the findings and recommendations and modify the element or amendment accordingly; or
(ii) reject the findings and recommendations and resubmit a modified form of the element or amendment to the Commission for reconsideration.
(C) Findings and recommendations accepted.— 
If the Council accepts the findings and recommendations and modifies the element or amendment, the Council shall submit the element or amendment to the Commission for the Commission to determine whether the modification has been made in accordance with the Commissions findings and recommendations. If the Commission does not act on the modified element or amendment within 30 days after receiving it, the element or amendment is deemed to have been modified in accordance with the findings and recommendations and shall be incorporated into the comprehensive plan for the National Capital and implemented. If within the 30-day period the Commission again determines the element or amendment has a negative impact on the functions or interests of the federal establishment in the National Capital, the element or amendment shall not be implemented.
(D) Findings and recommendations rejected.— 
If the Council rejects the findings and recommendations and resubmits a modified element or amendment, the Commission, within 60 days after receiving it, shall decide whether the modified element or amendment has a negative impact on the interests or functions of the federal establishment within the National Capital. If the Commission does not act within the 60-day period, the modified element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan and implemented. If the Commission finds a negative impact, it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council and the element or amendment shall not be implemented.
(d) Resubmission Deemed New Element or Amendment.— 
Any element or amendment which the Commission has determined has a negative impact on the federal establishment in the National Capital which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission is deemed to be a new element or amendment for purposes of the review procedure specified in this section.
(e) Review, Hearings, and Citizen Advisory Councils.— 

(1) Review.— 
Before the comprehensive plan, any element of the plan, or any revision is adopted, the Commission shall present the plan, element, or revision to the appropriate federal or District of Columbia authorities for comment and recommendations. The Commission may present the proposed revisions annually in a consolidated form. Recommendations by federal and District of Columbia authorities are not binding on the Commission, but the Commission shall give careful consideration to any views and recommendations submitted prior to final adoption.
(2) Hearings and citizen advisory councils.— 
The Commission
(A) may provide periodic opportunity for review and comments by nongovernmental agencies or groups through public hearings, meetings, or conferences, exhibitions, and publication of its plans; and
(B) in consultation with the Council, may encourage the formation of citizen advisory councils.
(f) Extension of Time Limitations.— 
On request of the Commission, the Council may grant an extension of any time limitation contained in this section.
(g) Publishing Comprehensive Plan.— 
As appropriate, the Commission and the Mayor jointly shall publish a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the federal activities in the National Capital developed by the Commission and the District elements developed by the Mayor and the Council in accordance with this section.
(h) Procedures for Consultation.— 

(1) Commission and mayor.— 
The Commission and the Mayor jointly shall establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital.
(2) Government agencies.— 
In order that the National Capital may be developed in accordance with the comprehensive plan, the Commission, with the consent of each agency concerned as to its representation, may establish advisory and coordinating committees composed of representatives of agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correlation of effort among the various agencies. As it considers appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of the committees.

40 USC 8722 - Proposed federal and district developments and projects

(a) Agencies To Use Commission as Central Planning Agency.— 
Agencies of the Federal Government responsible for public developments and projects shall cooperate and correlate their efforts by using the National Capital Planning Commission as the central planning agency for federal activities in the National Capital region. To aid the Commission in carrying out this function, federal and District of Columbia governmental agencies on request of the Commission shall furnish plans, data, and records the Commission requires. The Commission on request shall furnish related plans, data, and records to federal and District of Columbia governmental agencies.
(b) Consultation Between Agencies and Commission.— 

(1) Before construction plans prepared.— 
To ensure the comprehensive planning and orderly development of the National Capital, a federal or District of Columbia agency, before preparing construction plans the agency originates for proposed developments and projects or before making a commitment to acquire land, to be paid for at least in part from federal or District amounts, shall advise and consult with the Commission as the agency prepares plans and programs in preliminary and successive stages that affect the plan and development of the National Capital. After receiving the plans, maps, and data, the Commission promptly shall make a preliminary report and recommendations to the agency. If the agency, after considering the report and recommendations of the Commission, does not agree, it shall advise the Commission and provide the reasons why it does not agree. The Commission then shall submit a final report. After consultation and suitable consideration of the views of the Commission, the agency may proceed to take action in accordance with its legal responsibilities and authority.
(2) Exceptions.— 

(A) In general.— 
Paragraph (1) does not apply to projects within the Capitol grounds or to structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area.
(B) Advance decisions of commission.— 
The Commission shall determine in advance the type or kinds of plans, developments, projects, improvements, or acquisitions which do not need to be submitted for review by the Commission as to conformity with its plans.
(c) Additional Procedure for Developments and Projects Within Environs.— 

(1) Submission to commission.— 
Within the environs, general plans showing the location, character, and extent of, and intensity of use for, proposed federal and District developments and projects involving the acquisition of land shall be submitted to the Commission for report and recommendations before a final commitment to the acquisition is made, unless the matter specifically has been approved by law.
(2) Commission action.— 
Before acting on any general plan, the Commission shall advise and consult with the appropriate planning agency having jurisdiction over the affected part of the environs. When the Commission decides that proposed developments or projects submitted to the Commission under subsection (b) involve a major change in the character or intensity of an existing use in the environs, the Commission shall advise and consult with the planning agency. The report and recommendations shall be submitted within 60 days and shall be accompanied by any reports or recommendations of the planning agency.
(3) Working with state or local authority or agency.— 
In carrying out its planning functions with respect to federal developments or projects in the environs, the Commission may work with, and make agreements with, any state or local authority or planning agency as the Commission considers necessary to have a plan or proposal adopted and carried out.
(d) Approval of Federal Public Buildings.— 
The provisions of the Act of June 20, 1938 (ch. 534, 52 Stat. 797) shall not apply to federal public buildings. In order to ensure the orderly development of the National Capital, the location, height, bulk, number of stories, and size of federal public buildings in the District of Columbia and the provision for open space in and around federal public buildings in the District of Columbia are subject to the approval of the Commission.
(e) Approval of District Government Buildings in Central Area.— 
Subsection (d) is extended to include public buildings erected by any agency of the Government of the District of Columbia in the central area of the District (as defined by concurrent action of the Commission and the Council of the District of Columbia), except that the Commission shall transmit its approval or disapproval within 30 days after the day the proposal was submitted to the Commission.

40 USC 8723 - Capital improvements

(a) Six-Year Program of Public Works Projects.— 
The National Capital Planning Commission shall recommend a six-year program of public works projects for the Federal Government which the Commission shall review annually with the agencies concerned. Each federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs.
(b) Submission of Multiyear Capital Improvement Plan.— 
By February 1 of each year, the Mayor of the District of Columbia shall submit to the Commission a copy of the multiyear capital improvements plan for the District of Columbia that the Mayor develops under section 444 of the District of Columbia Home Rule Act (Public Law 93198, 87 Stat. 800). The Commission has 30 days in which to comment on the plan but may not change or disapprove of the plan.

40 USC 8724 - Zoning regulations and maps

(a) Amendments of Zoning Regulations and Maps.— 
The National Capital Planning Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation, conformity, or consistency of proposed amendments of the zoning regulations and maps with the comprehensive plan for the National Capital. The Planning Commission may also submit to the Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for the District of Columbia.
(b) Additional Report by Planning Commission.— 
When requested by an authorized representative of the Planning Commission, the Zoning Commission may recess for a reasonable period of time any public hearing it is holding to consider a proposed amendment to the zoning regulations or map so that the Planning Commission may have an opportunity to present to the Zoning Commission an additional report on the proposed amendment.
(c) Zoning Committee of National Capital Planning Commission.— 

(1) Establishment and composition.— 
There is a Zoning Committee of the National Capital Planning Commission. The Committee consists of at least three members of the Planning Commission the Planning Commission designates for that purpose. The number of members serving on the Committee may vary.
(2) Duties.— 
The Committee shall carry out the functions vested in the Planning Commission under this section and section 8725 of this title
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by the Planning Commission.

40 USC 8725 - Recommendations on platting and subdividing land

(a) By Council of the District of Columbia.— 
The Council of the District of Columbia shall submit any proposed change in, or addition to, the regulations or general orders regulating the platting and subdividing of lands and grounds in the District of Columbia to the National Capital Planning Commission for report and recommendation before the Council adopts the change or addition. The Council shall advise the Commission when it does not agree with the recommendations of the Commission and shall give the reasons why it disagrees. The Commission then shall submit a final report within 30 days. After considering the final report, the Council may act in accordance with its legal responsibilities and authority.
(b) By Planning Commission.— 
The Commission shall submit to the Council any proposed change in, or amendment to, the general orders that the Commission considers appropriate. The Council shall treat the amendments proposed in the same manner as other proposed amendments.

40 USC 8726 - Authorization of appropriations

Amounts necessary to carry out this subchapter may be appropriated from money in the Treasury not otherwise appropriated and from any appropriate appropriation law, except the annual District of Columbia Appropriation Act.

TITLE 40 - US CODE - SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

40 USC 8731 - Acquiring land for park, parkway, or playground purposes

(a) Authority To Acquire Land.— 
The National Capitol Planning Commission shall acquire land the Planning Commission believes is necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations made for those purposes. The Planning Commission shall request the advice of the Commission of Fine Arts in selecting land to be acquired.
(b) How Land May Be Acquired.— 

(1) Purchase or condemnation proceeding.— 
The National Capital Planning Commission may buy land when the land can be acquired at a price the Planning Commission considers reasonable or by a condemnation proceeding when the land cannot be bought at a reasonable price.
(2) Land in the district of columbia.— 
A condemnation proceeding to acquire land in the District of Columbia shall be conducted in accordance with section 1 of the Act of December 23, 1963 (Public Law 88241, 77 Stat. 571).
(3) Land in maryland or virginia.— 
The Planning Commission may acquire land in Maryland or Virginia under arrangements agreed to by the Commission and the proper officials of Maryland or Virginia.
(c) Control of Land.— 

(1) Land in the district of columbia.— 
Land acquired in the District of Columbia shall be a part of the park system of the District of Columbia and be under the control of the Director of the National Park Service. The National Capital Planning Commission may assign areas suitable for playground purposes to the control of the Mayor of the District of Columbia for playground purposes.
(2) Land in maryland or virginia.— 
Land acquired in Maryland or Virginia shall be controlled as determined by agreement between the Planning Commission and the proper officials of Maryland or Virginia.
(d) Presidential Approval Required.— 
The designation of all land to be acquired by condemnation, all contracts to purchase land, and all agreements between the National Capital Planning Commission and the officials of Maryland and Virginia are subject to the approval of the President.

40 USC 8732 - Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property

(a) In General.— 
The National Capital Planning Commission in accordance with this chapter may acquire, for and on behalf of the Federal Government, by gift, devise, purchase, or condemnation
(1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and
(2) permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park property for its purposes.
(b) Prerequisites to Acquisition.— 

(1) Fee title to land subject to limited rights.— 
The reservation of rights to the grantor shall not continue beyond the life of the grantor of the fee. The Commission must decide that the permanent public park purposes for which control over the land is needed are not essentially impaired by the reserved rights and that there is a substantial saving in cost by acquiring the land subject to the limited rights as compared with the cost of acquiring unencumbered title to the land.
(2) Permanent rights in land adjoining park property.— 
The Commission must decide that the protection and maintenance of the essential public values of the park can be secured more economically by acquiring the permanent rights than by acquiring the land.
(c) Presidential Approval Required.— 
All contracts to acquire land or rights under this section are subject to the approval of the President.

40 USC 8733 - Lease of land acquired for park, parkway, or playground purposes

The Secretary of the Interior may lease, for not more than five years, land or an existing building or structure on land acquired for park, parkway, or playground purposes, and may renew the lease for an additional five years. A lease or renewal under this section is
(1) subject to the approval of the National Capital Planning Commission;
(2) subject to the need for the immediate use of the land, building, or structure in other ways by the public; and
(3) on terms the Administrator decides.

40 USC 8734 - Sale of land by Mayor

(a) Authority To Sell.— 
With the approval of the National Capital Planning Commission, the Mayor of the District of Columbia, for the best interests of the District of Columbia, may sell to the highest bidder at public or private sale real estate in the District of Columbia owned in fee simple by the District of Columbia for municipal use that the Council of the District of Columbia and the Commission find to be no longer required for public purposes.
(b) Paying Expenses and Depositing Proceeds.— 
The Mayor
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the District of Columbia.

40 USC 8735 - Sale of land by Secretary of the Interior

(a) Authority To Sell.— 
With the approval of the National Capital Planning Commission, the Secretary of the Interior, for the best interests of the Federal Government, may sell, by deed or instrument, real estate held by the Government in the District of Columbia and under the jurisdiction of the National Park Service which may be no longer needed for public purposes. The land may be sold for cash or on a deferred-payment plan the Secretary approves, at a price not less than the Government paid for it and not less than its present appraised value as determined by the Secretary.
(b) Sale to Highest Bidder.— 
In selling any parcel of land under this section, the Secretary shall have public or private solicitation for bids or offers be made as the Secretary considers appropriate. The Secretary shall sell the parcel to the party agreeing to pay the highest price if the price is otherwise satisfactory. If the price offered or bid by the owner of land abutting the land to be sold equals the highest price offered or bid by any other party, the parcel may be sold to the owner of the abutting land.
(c) Paying Expenses and Depositing Proceeds.— 
The Secretary
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the Government and the District of Columbia in the proportion that each
(A) paid the appropriations used to acquire the parcels; or
(B) was obligated to pay the appropriations, at the time of acquisition, by reimbursement.

40 USC 8736 - Execution of deeds

The Mayor of the District of Columbia may execute deeds of conveyance for real estate sold under this subchapter. The deeds shall contain a full description of the land sold as required by law.

40 USC 8737 - Authorization of appropriations

An amount equal to not more than one cent for each inhabitant of the continental United States as determined by the last preceding decennial census may be appropriated each year in the District of Columbia Appropriation Act for the National Capital Planning Commission to use for the payment of its expenses and for the acquisition of land the Commission may acquire under section 8731 of this title for the purposes named, including compensation for the land, surveys, ascertainment of title, condemnation proceedings, and necessary conveyancing. The appropriated amounts shall be paid from the revenues of the District of Columbia and the general amounts of the Treasury in the same proportion as other expenses of the District of Columbia.

TITLE 40 - US CODE - CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

40 USC 8901 - Purposes

The purposes of this chapter are
(1) to preserve the integrity of the comprehensive design of the LEnfant and McMillan plans for the Nations Capital;
(2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nations Capital; and
(4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the subjects involved.

40 USC 8902 - Definitions and nonapplication

(a) Definitions.— 
In this chapter:
(1) Commemorative work.— 
The term commemorative work means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes.
(2) The district of columbia and its environs.— 
The term the District of Columbia and its environs means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled Commemorative Areas Washington, DC and Environs, numbered 869/86501 B, and dated June 24, 2003.
(3) Reserve.— 
The term Reserve means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2).
(4) Sponsor.— 
The term sponsor means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs.
(b) Nonapplication.— 
This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.

40 USC 8903 - Congressional authorization of commemorative works

(a) In General.— 
Commemorative works
(1) may be established on federal lands referred to in section 8901 (4) of this title only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter.
(b) Military Commemorative Works.— 
A military commemorative work may be authorized only to commemorate a war or similar major military conflict or a branch of the armed forces. A commemorative work solely commemorating a limited military engagement or a unit of an armed force may not be authorized. Commemorative works to a war or similar major military conflict may not be authorized until at least 10 years after the officially designated end of such war or conflict.
(c) Works Commemorating Events, Individuals, or Groups.— 
A commemorative work commemorating an event, individual, or group of individuals, except a military commemorative work as described in subsection (b), may not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group.
(d) Consultation with National Capital Memorial Advisory Commission.— 
In considering legislation authorizing commemorative works in the District of Columbia and its environs, the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall solicit the views of the National Capital Memorial Advisory Commission.
(e) Expiration of Legislative Authority.— 
Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been granted, unless
(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or
(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that
(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and
(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised.

If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.

40 USC 8904 - National Capital Memorial Advisory Commission

(a) Establishment and Composition.— 
There is established the National Capital Memorial Advisory Commission, which shall be composed of
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the General Services Administration; and
(8) the Secretary of Defense.
(b) Chairman.— 
The Director is the Chairman of the National Capital Memorial Commission.
(c) Advisory Role.— 
The National Capital Memorial Advisory Commission shall advise the Secretary of the Interior and the Administrator of General Services (as appropriate) on policy and procedures for establishment of, and proposals to establish, commemorative works in the District of Columbia and its environs and on other matters concerning commemorative works in the Nations Capital as the Commission considers appropriate.
(d) Meetings.— 
The National Capital Memorial Advisory Commission shall meet at least twice annually.

40 USC 8905 - Site and design approval

(a) Consultation on, and Submission of, Proposals.— 
A sponsor authorized by law to establish a commemorative work in the District of Columbia and its environs may request a permit for construction of the commemorative work only after the following requirements are met:
(1) Consultation.— 
The sponsor must consult with the National Capital Memorial Advisory Commission regarding the selection of alternative sites and design concepts for the commemorative work.
(2) Submittal.— 
Following consultation in accordance with clause (1), the Secretary of the Interior or the Administrator of General Services, as appropriate, must submit, on behalf of the sponsor, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission for their approval.
(b) Decision Criteria.— 
In considering site and design proposals, the Commission of Fine Arts, National Capital Planning Commission, and the Secretary or Administrator (as appropriate) shall be guided by, but not limited by, the following criteria:
(1) Surroundings.— 
To the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the work.
(2) Location.— 
A commemorative work shall be located so that
(A) it does not interfere with, or encroach on, an existing commemorative work; and
(B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
(3) Material.— 
A commemorative work shall be constructed of durable material suitable to the outdoor environment.
(4) Landscape features.— 
Landscape features of commemorative works shall be compatible with the climate.
(5) Museums.— 
No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in section 8902 (2).[1]
(6) Site-specific guidelines.— 
The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specific to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this chapter.
(7) Donor contributions.— 
Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.
[1] So in original. Probably should be section “8902(a)(2).”

40 USC 8906 - Criteria for issuance of construction permit

(a) Criteria for Issuing Permit.— 
Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that
(1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards;
(3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation.— 

(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury.
(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation.
(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.
(c) Suspension for Misrepresentation in Fundraising.— 
The Secretary of the Interior or Administrator may suspend any activity under this chapter that relates to the establishment of a commemorative work if the Secretary or Administrator determines that fundraising" target="_blank" title="fundraising">fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government.
(d) Annual Report.— 
The person authorized to construct a commemorative work under this chapter must submit to the Secretary of the Interior or Administrator an annual report of operations, including financial statements audited by an independent certified public accountant. The person shall pay for the report.

40 USC 8907 - Temporary site designation

(a) Criterion for Designation.— 
If the Secretary of the Interior, in consultation with the National Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary to aid in the preservation of the limited amount of open space available to residents of, and visitors to, the Nations Capital, a site may be designated on land the Secretary administers in the District of Columbia.
(b) Plan.— 
A designation may be made under subsection (a) only if, at least 120 days before the designation, the Secretary, in consultation with the Commission, prepares and submits to Congress a plan for the site. The plan shall include specifications for the location, construction, and administration of the site and criteria for displaying commemorative works at the site.
(c) Risk and Agreement To Indemnify.— 
A commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the work. The person shall agree to indemnify the United States for any liability arising from the display of the commemorative work under this section.

40 USC 8908 - Areas I and II

(a) Availability of Map.— 
The Secretary of the Interior or the Administrator of General Services (as appropriate) shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map entitled Commemorative Areas Washington, DC and Environs, numbered 869/86501 B, and dated June 24, 2003.
(b) Specific Conditions Applicable to Area I and Area II.— 

(1) Area i.— 
After seeking the advice of the National Capital Memorial Commission, the Secretary or Administrator, as appropriate, may recommend the location of a commemorative work in Area I only if the Secretary or Administrator decides that the subject of the commemorative work is of preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the recommendation that a commemorative work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the recommendation is approved by law not later than 150 calendar days after the notification.
(2) Area ii.— 
Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.
(c) Reserve.— 
After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.

40 USC 8909 - Administrative

(a) Maintenance of Documentation of Design and Construction.— 
Complete documentation of design and construction of each commemorative work located in the District of Columbia and its environs shall be provided to the Secretary of the Interior or Administrator of General Services, as appropriate, and shall be permanently maintained in the manner provided by law.
(b) Responsibility for Maintenance of Completed Work.— 
On completion of any commemorative work in the District of Columbia and its environs, the Secretary or Administrator, as appropriate, shall assume responsibility for maintaining the work.
(c) Regulations or Standards.— 
The Secretary and Administrator shall prescribe appropriate regulations or standards to carry out this chapter.

TITLE 40 - US CODE - CHAPTER 91 - COMMISSION OF FINE ARTS

40 USC 9101 - Establishment, composition, and vacancies

(a) Establishment.— 
There is a Commission of Fine Arts.
(b) Composition.— 
The Commission is composed of seven well-qualified judges of the fine arts, appointed by the President, who serve for four years each or until their successors are appointed and qualified.
(c) Vacancies.— 
The President shall fill vacancies on the Commission.
(d) Expenses.— 
Members of the Commission shall be paid actual expenses in traveling to and from the District of Columbia to attend Commission meetings and while attending those meetings.

40 USC 9102 - Duties

(a) In General.— 
The Commission of Fine Arts shall advise on
(1) the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government;
(3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the President or a committee of Congress.
(b) Duty To Request Advice.— 
The officers required to decide the questions described in subsection (a)(1)(3) shall request the Commission to provide the advice.
(c) Nonapplication.— 
This section does not apply to the Capitol Building and the Library of Congress buildings.

40 USC 9103 - Personnel

The Commission of Fine Arts has a secretary and other assistance the Commission authorizes. The secretary is the executive officer of the Commission.

40 USC 9104 - Authorization of appropriations

Necessary amounts may be appropriated to carry out this chapter.

TITLE 40 - US CODE - CHAPTER 93 - THEODORE ROOSEVELT ISLAND

40 USC 9301 - Maintenance and administration

The Director of the National Park Service shall maintain and administer Theodore Roosevelt Island as a natural park for the recreation and enjoyment of the public.

40 USC 9302 - Consent of Theodore Roosevelt Association required for development

(a) General Plan for Development.— 
The Theodore Roosevelt Association must approve every general plan for the development of Theodore Roosevelt Island.
(b) Development Inconsistent With Plan.— 
As long as the Association remains in existence, development inconsistent with the general plan may not be carried out without the Associations consent.

40 USC 9303 - Access to Theodore Roosevelt Island

Subject to the approval of the National Capital Planning Commission and the availability of appropriations, the Director of the National Park Service may provide suitable means of access to and on Theodore Roosevelt Island.

40 USC 9304 - Source of appropriations

The appropriations needed for construction of suitable means of access to and on Theodore Roosevelt Island and annually for the care, maintenance, and improvement of the land and improvements may be made from amounts not otherwise appropriated from the Treasury.

TITLE 40 - US CODE - CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT OF COLUMBIA

40 USC 9501 - Chief of Engineers

(a) Superintendence Duties.— 

(1) Washington aqueduct and other public works and improvements in the district of columbia.— 
The Chief of Engineers has the immediate superintendence of
(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and
(B) all other public works and improvements in the District of Columbia in which the Government has an interest and which are not otherwise specially provided for by law.
(2) Obeying regulations.— 
In carrying out paragraph (1), the Chief of Engineers shall obey regulations the President prescribes, through the Secretary of the Army.
(b) No Increase in Compensation.— 
The Chief of Engineers shall not receive additional compensation for the services required under this chapter.
(c) Office.— 
The Chief of Engineers shall be furnished an office in one of the public buildings in the District of Columbia, as the Administrator of General Services directs, and shall be supplied by the Federal Government with stationery, instruments, books, and furniture which may be required for the performance of the duties of the Chief of Engineers.

40 USC 9502 - Authority of Chief of Engineers

(a) In General.— 
The Chief of Engineers and necessary assistants may use all lawful means to carry out their duties.
(b) Supply of Water in District of Columbia.— 

(1) Providing water.— 
The Chief of Engineers has complete control over the Washington Aqueduct to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants of the District of Columbia.
(2) Stoppage of water flow.— 
The Chief of Engineers shall stop the authorities of the District of Columbia from tapping the supply of water when the supply is no more than adequate to the wants of the public buildings and grounds.
(3) Appeal of decision.— 
The decision of the Chief of Engineers on all questions concerning the supply of water under this subsection may be appealed only to the Secretary of the Army.

40 USC 9503 - Record of property

The Chief of Engineers shall keep in the office a complete record of all land and other property connected with or belonging to the Washington Aqueduct and other public works under the charge of the Chief of Engineers, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia.

40 USC 9504 - Reports

As superintendent of the Washington Aqueduct, the Chief of Engineers annually shall submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the charge of the Chief of Engineers.

40 USC 9505 - Paying for main pipes

(a) Federal Government.— 
The Federal Government shall only pay for the number of main pipes of the Washington Aqueduct needed to furnish public buildings, offices, and grounds with the necessary supply of water.
(b) District of Columbia.— 
The District of Columbia shall pay the cost of any main pipe of the Washington Aqueduct which supplies water to the inhabitants of the District of Columbia, in the manner provided by law.

40 USC 9506 - Civil penalty

A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.

40 USC 9507 - Control of expenditures

Unless expressly provided for by law, the Secretary of the Army shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of Columbia.